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R-2023-341 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 2023-34 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE CONSENT ORDER BETWEEN THE VILLAGE AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR SETTLEMENT OF CERTAIN MATTERS RELATED TO THE STORM SEWAGE SYSTEM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 13 WHEREAS, the Miami Shores Village (the "Village") Council desires to accomplish 14 the purposes outlined in the consent order, attached as Exhibit "A" and incorporated 1s herein by reference; and 16 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI 17 SHORES VILLAGE, FLORIDA, AS FOLLOWS: 18 Section 1. Recitals Adopted. That each of the above recitals are true and 19 correct and incorporated herein by this reference. 20 Section 2. Consent Order Approved. The Village Council hereby 21 approves the Consent Order between the Village and the State of 22 Florida Department of Environmental Protection for settlement of alleged 23 violations of federal and state environmental laws related to the-Village's storm sewage 24 system, in an amount of $15,500.00 for civil penalties and $1,500.00 for costs and 25 expenses incurred by the Department, for a total of $17,000.00, in substantially the 26 form attached as Exhibit "A." 27 Section 3. Authorization. The appropriate Village officials are authorized to 28 take any necessary action to effectuate the intent of this Resolution. 29 Section 4. Page 2 of 3 Conflicts. All Sections or parts of Sections of the Code of 30 Ordinances, all Ordinances or parts of Ordinances, and all Resolutions, or parts of 31 Resolutions, in conflict with this Resolution are repealed to the extent of such conflict. 32 Section 5. Effective Date. That this Resolution shall be effective immediately 33 upon passage by the City Council. 34 35 36 PASSED AND ADOPTED on the 3rd day of October 2023. 37 Attest: 38 39 40 41 42 43 44 45 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 46 47 48 49 50 51 52 53 54 55 Weiss, Serota, Heitman, Cole+ Bierman, P.L. Village Attorney